Appellate Division: Second Judicial Department

M145355

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2012-00674, 2012-00677 In the Matter of Gulen Zubizarreta, respondent, v John P. Hemminger, appellant. (Docket Nos. V-9779-09/09A, V-9780-09/09A)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Family Court, Queens County, dated December 13, 2011, in effect, to reinstate an appeal from an order of protection of the same court also dated December 13, 2011, which was dismissed by a decision and order on motion of this Court dated February 3, 2012, for poor person relief, for the assignment of counsel, to enlarge the record to include certain documents, and to be provided with a copy of a certain forensic report.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order under Appellate Division Docket No. 2012-00674 is granted, and the appellant's time to perfect that appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until December 27, 2012; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., LEVENTHAL, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court